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Digital platform work in South Korea
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8 Institutional Development for Platform Work and Associated Conflicts [Table 4] Main points of the Four Major Bills on Platform Work(Nov 2021) 9 Platform Worker Protection Bill, to be legislated: secure the fairness of contracts and protect the basic rights and interests of workers by stipulating the responsibilities and duties of the platform companies and the affiliated companies.(bill proposed in March, 2021) Employment Security Act: mandate the reporting of key information within the platform to protect the platform workers and to secure the fairness of the market.(amendment bill proposed in March, 2021) Framework Act On Employment Policy: establish grounds for the central and local governments to establish policies on collecting and providing information on new forms of employment, skills development, job security, etc.(amendment bill proposed in April, 2021) Framework Act On Labor Welfare: support welfare projects, etc. of mutual aid associations. (amendment bill proposed in April 2021) Note: All four bills concerning the platform work are pending in the Standing Committee of the National Assembly, and are a point of contention between the ruling and oppositions parties First, introducing the Platform Worker Protection Bill to set forth athird status(the grey zone) of workers, even though there is a way to address the issue by expanding the definitions of employees and employers(Articles 2.1 and 2.2) under the Labor Standards Act, is similar to having another round of discussion of the previous issues related to persons in special types of employment. Second, although Article of the bill states that In relation to the relevant provisions of other Acts,this Act will be applied in case where the application thereof is more favorable for the platform worker .(The Favorability Principle), it is not going to be effective nor is it going to work in the real world. 10 The Legislative Bill on Platform Worker Protection and Support(March, 2021) is comprised of: the Responsibility of Platform Operator provisions(from Article 5 to Article 12: fair contract and termination provisions, personal information protection, etc.); the Platform Worker Protection provisions(from Article 13 to Article 28); the Duty of Government provisions(from Article 29 to Article 32); and the supplementary provisions that includes the reporting and administrative guidance of the supervisory organization as well as fines(from Article 33 to 36 of Chapter 5). However, the labor groups are against the legislation of the bills for the following two reasons: 9 The Ministry of Employment and Labor organized a dedicated team(Digital Work Response TF, 5 members) in January 2021 asvarious types of employment, including platform work, special types of employment and freelancing, increased and became a social issue. Digital Platform Work in South Korea 10 With the upcoming presidential election in 2022, the presidential candidates from the Democratic Party of Korea and the Justice Party are proposing that the current Labor Standards Act, which stipulates persons in special types of employment, platform workers, freelancers and the self-employed as non-salaried workers, the legislation of the Workers Law, which encompasses all the aforesaid workers.